August 17, 2025
On August 14, 2025, Canada’s federal Competition Bureau (Bureau) announced that it had issued new guidance for companies and others to develop competition law compliance programs (see: “Develop a compliance program for your business in 10 easy steps!”).
In general, the Bureau has published on its Compliance Bootcamp web page videos describing competition law compliance programs, its recommended ten steps to develop a credible and effective compliance program and recommendations to comply with many of the core criminal and civil provisions of the Competition Act including abuse of dominance (sections 78 and 79), bid-rigging (section 47), deceptive marketing (under Parts VI and VII.1), exclusive dealing / tied selling / market restriction (section 77), mergers (Parts VIII and IX), price-fixing (section 45), refusal to deal (section 75), price maintenance (section 76) and wage-fixing and no-poaching agreements (section 45(1.1)).
June 30, 2025
On May 5, 2025 and June 2, 2025, Canada’s Competition Bureau (“Bureau”) announced that it was suing Canada’s Wonderland Company (“Wonderland”) and Door Dash Inc. and its subsidiary DoorDash Technologies Canada Inc. (“DoorDash”) for allegedly engaging in drip pricing in violation of the civil deceptive marketing practices provisions of the Competition Act (under Part VII.1) (see: Competition Bureau sues Canada’s Wonderland for allegedly advertising misleading prices and Competition Bureau sues DoorDash for allegedly advertising misleading prices and discounts).
In making its announcement against Wonderland, the Bureau stated:
“The Competition Bureau is taking legal action against Canada’s Wonderland Company for advertising park tickets and a variety of other items at a lower price than what consumers actually have to pay online. The Bureau alleges that Wonderland is advertising prices that do not include a mandatory fixed fee of $0.99, $6.99, $8.99, or $9.99.
Canada’s Wonderland charges a processing fee for online purchases involving park admission, starting at $6.99 and increasing to $8.99 or $9.99 depending on the number of items purchased. For most purchases of non-admission-related products, a single $0.99 processing fee applies, regardless of the number of items.
The Bureau alleges that Wonderland has made, and continues to make, false or misleading price claims by advertising lower prices than what consumers ultimately have to pay as those prices exclude mandatory fixed fees. This practice, commonly known as drip pricing, is deceptive because consumers are not presented with an attainable price upfront.”
June 26, 2025
On June 25, 2025, Canada’s Competition Bureau issued a News Release warning landlords and property managers not to engage in criminal conspiracy agreements under the federal Competition Act (see: Landlords and property managers: agreeing with competitors on rental prices is illegal).
In making the announcement, the Competition Bureau said:
“The Competition Bureau is aware that some landlords and property managers may be engaging with their competitors, including through discussion groups on social media.
While some discussions between competitors may be justified, others could be illegal. Landlords and property managers must understand the difference between conversations that are harmless and conversations that they should steer clear from.
Agreements between landlords to ‘make the most of the booming rental housing market’ or ‘find ways to ensure that all players benefit from the strong demand equally’ raise concerns under the law and could be illegal.”
The Competition Bureau cautioned real estate landlords and property managers that it was illegal under the conspiracy provisions of the Competition Act (section 45) to enter into agreements relating to rental prices (including increases or surcharges), the terms of leases (including amenities and services) or restricting the housing supply by artificially reducing the availability of rental units.
June 25, 2025
OVERVIEW OF JUNE 2024 AMENDMENTS
On June 20, 2024, Bill C-59 was passed (the Fall Economic Statement Implementation Act, 2023), which introduced the third of three significant rounds of amendments to Canada’s federal Competition Act in two years (together with Bill C-19 and Bill C-56). For more information, see: Competition Act Amendments.
The June 2024 round of amendments to the Competition Act completed a sweeping overhaul of the Competition Act across virtually all key provisions of Canada’s competition legislation. These amendments were also the most significant changes to Canadian competition law since the modern Competition Act came into effect in 1986 replacing the former Combines Investigation Act.
The Bill C-59 amendments, among other things, strengthened the Competition Bureau’s powers to enforce key deceptive marketing provisions of the Competition Act (e.g., relating to drip pricing, performance claims and ordinary selling price (OSP) claims), strengthened private party rights to seek Competition Tribunal remedies (e.g., for civil deceptive marketing and violations of the civil agreements provisions of the Act), introduced new penalties (e.g., administrative monetary penalties for violating the civil agreements provisions of the Act and for reprisal actions penalizing individuals for complying with the Act) and introduced a new clearance regime for environmental protection related agreements.
EXPANDED PRIVATE ACCESS RIGHTS
TO THE CANADIAN COMPETITION TRIBUNAL
As a result of the above amendments, as of June 20, 2025, following a one-year transition period, private parties are now able to commence private access applications under sections 90.1 (the civil agreements provision) and 74.1 (for civil deceptive marketing matters under Part VII.1 of the Competition Act). Previously, only the Competition Bureau could commence enforcement under these provisions of the Competition Act.
These expanded private access rights are in addition to existing private action rights (proceedings before the courts under section 36 of the Competition Act) and private access rights (applications commenced before the Competition Tribunal). For more information, see: Competition Bureau Enforcement.
June 5, 2025
OVERVIEW OF JUNE 20, 2024
COMPETITION ACT AMENDMENTS
On June 20, 2024, Bill C-59 was passed (the Fall Economic Statement Implementation Act, 2023), which introduced the third of three significant rounds of amendments to Canada’s federal Competition Act in two years (together with Bill C-19 and Bill C-56). For more information, see: Competition Act Amendments.
The June 2024 round of amendments to the Competition Act completed a sweeping overhaul of the Competition Act across virtually all key provisions of Canada’s competition legislation. These amendments were also the most significant changes to Canadian competition law since the modern Competition Act came into effect in 1986 replacing the former Combines Investigation Act.
The Bill C-59 amendments, among other things, strengthened the Competition Bureau’s powers to enforce key deceptive marketing provisions of the Competition Act (e.g., relating to drip pricing, performance claims and ordinary selling price (OSP) claims), strengthened private party rights to seek Competition Tribunal remedies (e.g., for civil deceptive marketing and violations of the civil agreements provisions of the Act), introduced new penalties (e.g., administrative monetary penalties for violating the civil agreements provisions of the Act and for reprisal actions penalizing individuals for complying with the Act) and introduced a new clearance regime for environmental protection related agreements.
OVERVIEW OF THE NEW
ENVIRONMENT-RELATED PERFORMANCE CLAIMS
PROVISIONS UNDER THE COMPETITION ACT
In addition to the above amendments passed on June 20, 2024, two specific new environment-related performance claims provisions were added to Canada’s Competition Act relating to product-related environmental claims (section 74.01(1)(b.1)) and business-related environmental claims (section 74.01(1)(b.2)) (discussed in more detail below).
These two new environment-related performance claim provisions were added to the already existing general standalone civil provision of the Competition Act that prohibits product performance claims that are not based on an “adequate and proper test” (section 74.01(1)(b)). In this regard, the Competition Act prohibits representations made to the public, in the form of a statement, warranty or guarantee, of the performance, efficacy or length of life of a product that is not based on an adequate and proper test, the proof of which lies on the person making the claim.
For more information about performance claims under Canada’s Competition Act, see: Performance Claims.
October 7, 2024
On September 23, 2024, Canada’s Competition Bureau announced that the federal Competition Tribunal (Tribunal) had found that Cineplex Inc. (Cineplex), a Canadian theatre chain, had engaged in drip pricing by adding a mandatory and insufficiently disclosed $1.50 online booking fee for the online sale of movie tickets (see: Competition Bureau wins deceptive marketing case against Cineplex)
The Tribunal ordered Cineplex to pay an administrative monetary penalty of more than $38.9 million and legal costs. This penalty is equivalent to the amount that Cineplex collected from theatre consumers from the time of the introduction of its online booking fee from June 2022 until December 2023.
In making its announcement, the Competition Bureau said:
“The Tribunal’s decision in the Cineplex case is a resounding win for Canadians. It sends a strong message that businesses should not engage in drip pricing and need to display their full prices upfront. Businesses that fail to comply with the law risk significant financial penalties.”
September 25, 2024
On September 23, 2024, Canada’s Competition Bureau announced that the federal Competition Tribunal had found that Cineplex Inc. (Cineplex), a Canadian theatre chain, had engaged in drip pricing by adding a mandatory and insufficiently disclosed $1.50 online booking fee (see: Competition Bureau wins deceptive marketing case against Cineplex).
The Competition Tribunal ordered Cineplex to pay an administrative monetary penalty of more than $38.9 million and legal costs. This penalty is equivalent to the amount that Cineplex collected from theatre consumers from the time of the introduction of the online booking fee in June 2022 until December 2023.
July 9, 2024
OVERVIEW OF BILL C-59 AMENDMENTS
TO THE COMPETITION ACT
On June 20, 2024, Bill C-59 was passed, which introduced the third of three recent significant rounds of amendments to Canada’s federal Competition Act (together with amendments that were passed in June 2022 and December 2023).
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
